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HJR005....................................................by WAYS AND MEANS
PUBLIC INDEBTEDNESS - Proposing an amendment to the Constitution of the
State of Idaho to remove the requirement that cities may issue revenue
bonds relating to air navigation facilities upon the assent of two-thirds
of the qualified electors; to provide that cities and other political
subdivisions may issue revenue bonds relating to air navigation facilities
or airport facilities upon the assent of a majority of qualified electors
voting at an election to be held for that purpose; and to provide that so
long as no tax revenue is to be obligated for repayment, indebtedness or
liability may be incurred by owners or operators of public hospitals or
municipal electric systems without the necessity of voter approval to allow
the purchase, contract, lease, construction or other manner of acquisition
of facilities, equipment, output, capacity, technology and real property
for health care or electric utility operations.
04/02 House intro - 1st rdg - to printing
Rpt prt - to St Aff
Rpt out - rec d/p - to 2nd rdg
Rls susp - PASSED - 66-0-4
AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Chavez, Chew, Clark, Collins, Crane, Durst,
Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet,
Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker,
Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini,
Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts, Ruchti,
Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08), Shirley,
Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Thomas,
Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Anderson, Brackett, Bradford, Chadderdon
Floor Sponsor - Labrador
Title apvd - to Senate
04/02 Senate intro - 1st rdg - to St Aff
Rpt out - rec d/p - to 2nd rdg
Rls susp - FAILED - 23-11-1
AYES -- Bair, Bastian, Bilyeu, Broadsword, Cameron, Darrington,
Davis, Fulcher, Gannon(Gannon), Geddes, Hammond, Jorgenson, Kelly,
Keough, Langhorst, Little, Malepeai(Sagness), McGee, McKague, Pearce,
Richardson, Stennett, Werk
NAYS -- Andreason, Burkett, Coiner, Corder, Goedde, Heinrich, Hill,
Lodge, Schroeder, Siddoway, Stegner
Absent and excused -- McKenzie
Floor Sponsor - Little
Ret'd to House
Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE JOINT RESOLUTION NO. 5 BY WAYS AND MEANS COMMITTEE 1 A JOINT RESOLUTION 2 PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE VIII, OF THE CONSTITUTION OF THE 3 STATE OF IDAHO, RELATING TO LIMITATIONS ON COUNTY AND MUNICIPAL INDEBTED- 4 NESS TO REMOVE THE REQUIREMENT THAT CITIES MAY ISSUE REVENUE BONDS RELAT- 5 ING TO AIR NAVIGATION FACILITIES UPON THE ASSENT OF TWO-THIRDS OF THE 6 QUALIFIED ELECTORS VOTING AT AN ELECTION TO BE HELD FOR THAT PURPOSE, TO 7 PROVIDE THAT CITIES AND OTHER POLITICAL SUBDIVISIONS MAY ISSUE REVENUE 8 BONDS RELATING TO AIR NAVIGATION FACILITIES OR AIRPORT FACILITIES UPON THE 9 ASSENT OF A MAJORITY OF QUALIFIED ELECTORS VOTING AT AN ELECTION TO BE 10 HELD FOR THAT PURPOSE, AND TO PROVIDE THAT SO LONG AS NO TAX REVENUE IS TO 11 BE OBLIGATED FOR REPAYMENT, INDEBTEDNESS OR LIABILITY MAY BE INCURRED BY 12 OWNERS OR OPERATORS OF PUBLIC HOSPITALS OR MUNICIPAL ELECTRIC SYSTEMS 13 WITHOUT THE NECESSITY OF VOTER APPROVAL TO ALLOW THE PURCHASE, CONTRACT, 14 LEASE, CONSTRUCTION OR OTHER MANNER OF ACQUISITION OF FACILITIES, EQUIP- 15 MENT, OUTPUT, CAPACITY, TECHNOLOGY AND REAL PROPERTY FOR HEALTH CARE OR 16 ELECTRIC UTILITY OPERATIONS; STATING THE QUESTION TO BE SUBMITTED TO THE 17 ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS 18 REQUIRED BY LAW; AND DIRECTING THE SECRETARY OF STATE TO PUBLISH THE 19 AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW. 20 Be It Resolved by the Legislature of the State of Idaho: 21 SECTION 1. That Section 3, Article VIII, of the Constitution of the State 22 of Idaho be amended to read as follows: 23 SECTION 3. LIMITATIONS ON COUNTY AND MUNICIPAL INDEBTEDNESS. No 24 county, city, board of education, or school district, or other subdi- 25 vision of the state, shall incur any indebtedness, or liability, in 26 any manner, or for any purpose, exceeding in that year, the income 27 and revenue provided for it for such year, without the assent of two- 28 thirds of the qualified electors thereof voting at an election to be 29 held for that purpose, nor unless, before or at the time of incurring 30 such indebtedness, provisions shall be made for the collection of an 31 annual tax sufficient to pay the interest on such indebtedness as it 32 falls due, and also to constitute a sinking fund for the payment of 33 the principal thereof, within thirty years from the time of contract- 34 ing the same. Any indebtedness or liability incurred contrary to this 35 provision shall be void: Provided, that this section shall not be 36 construed to apply to the ordinary and necessary expenses authorized 37 by the general laws of the state and provided further that any city 38 may own, purchase, construct, extend, or equip, within and without 39 the corporate limits of such city, off street parking facilities,and 40 public recreation facilities,and air navigation facilities,and for 41 the purpose of paying the cost thereof may, without regard to any 42 limitation herein imposed, with the assent of two-thirds of the qual- 43 ified electors voting at an election to be held for that purpose, 2 1 issue revenue bonds therefor, the principal and interest of which to 2 be paid solely from revenue derived from rates and charges for the 3 use of, and the service rendered by, such facilities as may be pre- 4 scribed by law, and provided further, that any city or other politi- 5 cal subdivision of the state may own, purchase, construct, extend, or 6 equip, within and without the corporate limits of such city or polit- 7 ical subdivision, water systems, sewage collection systems, water 8 treatment plants, sewage treatment plants, air navigation facilities, 9 or airport facilities and may rehabilitate existing electrical gener- 10 ating facilities, and for the purpose of paying the cost thereof, 11 may, without regard to any limitation herein imposed, with the assent 12 of a majority of the qualified electors voting at an election to be 13 held for that purpose, issue revenue bonds therefor, the principal 14 and interest of which to be paid solely from revenue derived from 15 rates and charges for the use of, and the service rendered by such 16 systems, plants and facilities, as may be prescribed by law; and pro- 17 vided further so long as no tax revenue is to be obligated for repay- 18 ment, indebtedness or liability may be incurred by owners or opera- 19 tors of public hospitals or municipal electric systems without the 20 necessity of voter approval to allow the purchase, contract, lease, 21 construction or other manner of acquisition of facilities, equipment, 22 output, capacity, technology and real property for health care or 23 electric utility operations; and provided further that any port dis- 24 trict, for the purpose of carrying into effect all or any of the 25 powers now or hereafter granted to port districts by the laws of this 26 state, may contract indebtedness and issue revenue bonds evidencing 27 such indebtedness, without the necessity of the voters of the port 28 district authorizing the same, such revenue bonds to be payable 29 solely from all or such part of the revenues of the port district 30 derived from any source whatsoever excepting only those revenues 31 derived from ad valorem taxes, as the port commission thereof may 32 determine, and such revenue bonds not to be in any manner or to any 33 extent a general obligation of the port district issuing the same, 34 nor a charge upon the ad valorem tax revenue of such port district. 35 SECTION 2. The question to be submitted to the electors of the State of 36 Idaho at the next general election shall be as follows: 37 "Shall Section 3, Article VIII, of the Constitution of the State of Idaho 38 be amended to remove the requirement that cities may issue revenue bonds 39 relating to air navigation facilities upon the assent of two-thirds of the 40 qualified electors, to provide that cities and other political subdivisions 41 may issue revenue bonds relating to air navigation facilities or airport 42 facilities upon the assent of a majority of qualified electors voting at an 43 election to be held for that purpose, and to provide that so long as no tax 44 revenue is to be obligated for repayment, indebtedness or liability may be 45 incurred by owners or operators of public hospitals or municipal electric sys- 46 tems without the necessity of voter approval to allow the purchase, contract, 47 lease, construction or other manner of acquisition of facilities, equipment, 48 output, capacity, technology and real property for health care or electric 49 utility operations?". 50 SECTION 3. The Legislative Council is directed to prepare the statements 51 required by Section 67-453, Idaho Code, and file the same. 3 1 SECTION 4. The Secretary of State is hereby directed to publish this pro- 2 posed constitutional amendment and arguments as required by law.
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STATEMENT OF PURPOSE
RS 18172
This House Joint Resolution amends Article VIII, Section 3, of
the Idaho Constitution in two ways. First, it allows cities or
other political subdivisions to finance the purchase or
construction of airport or air navigation facilities with revenue
bonds, not taxpayer supported revenues, upon a majority vote of
the electorate. Second, it allows hospitals and municipal
electric utilities to enter into indebtedness for periods of time
greater than one year, in the ordinary course of business and
without voter approval, provided that no tax revenues are
obligated for the repayment of the indebtedness.
FISCAL NOTE
There will be a fiscal impact on the state general fund for the
additional costs associated with adding the amendment to the
general election ballot in the amount of approximately
$200,000.00
Contact
Name: Representative Mike Moyle
Representative Raul Labrador
Representative Bert Stevenson
Representative George Eskridge
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE HJR 5
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